Supreme Court Declines PIL Seeking Review of Dowry and Domestic Violence Laws
The Supreme Court of India on Monday refused to entertain a Public Interest Litigation (PIL) that sought the appointment of an expert committee to review and reform existing dowry and domestic violence laws to prevent their alleged misuse.
A bench comprising Justices BV Nagarathna and Satish Chandra Sharma dismissed the plea, emphasizing that societal change is essential and beyond judicial intervention. Justice Nagarathna remarked, “Society must change; we can’t do anything. Parliamentary laws are already in place.”
The petition, filed by advocate Vishal Tiwari, called for a reassessment of laws like the Dowry Prohibition Act and Section 498A of the Indian Penal Code (IPC), which are intended to protect women from dowry demands and domestic abuse. Tiwari argued that these laws, while crucial for safeguarding married women, have also been misused in some cases to make false allegations and fulfill unlawful demands.
The PIL gained attention in the wake of the recent tragic suicide of Bengaluru tech professional Atul Subhash, allegedly linked to misuse of domestic violence laws. Tiwari urged the court to consider guidelines that could curb such misuse and prevent individuals from exploiting these laws for personal gains.
One of the significant suggestions in the petition was the implementation of a system to document and record all articles, gifts, and monetary exchanges made during a marriage. The petitioner proposed that these records be maintained through an affidavit and attached to the marriage registration certificate to ensure transparency and accountability.
While acknowledging the concerns raised, the bench reiterated its stance that societal reforms must come from within and through legislative amendments, rather than judicial intervention.
This decision has sparked mixed reactions. Critics argue that genuine concerns about the misuse of laws must be addressed, while others stress the importance of ensuring that legal protections for women are not diluted. Advocates for reform maintain that proper guidelines could strike a balance between preventing misuse and safeguarding the rights of women.
The debate around misuse versus necessity of dowry and domestic violence laws continues to be a contentious issue in India, reflecting the broader societal challenges of balancing justice with equity. As the legal and social discourse evolves, the onus remains on lawmakers and society to address these complexities responsibly.
